Sreekumari v. S.Jeyanthi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and CRL MP(MD)No.10499 of 2025 Sreekumari ... Petitioner / Petitioner / Appellant Vs.

1.S.Jeyanthi 2.The State of Tamil Nadu, Rep. by the Public Prosecutor, Kanyakumari at Nagercoil.

... 2nd Respondent/ 2nd Respondent/ Respondent PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, to call for the records of the impugned order passed in Crl.M.P.No.3470 of 2024 in C.A.No.122 of 2024 on the file of the learned Principal Sessions Court, Kanniyakumari District at Nagercoil dated 23.10.2024 and set aside the same in so far as directing the petitioner to deposit 20% of the compensation amount i.e., Rs.1,00,000/- before the learned Trial Court.

For Petitioner : Mr.R.J.Karthick For R-2 : Mr.S.S.Manoj, Government Advocate 1/5

ORDER

Considering the limited scope of the relief sought for by the petitioner herein, notice to the 1st respondent is dispensed with.

2. Challenging the condition of the learned Principal Sessions Court, Kanniyakumari District at Nagercoil, in Crl.M.P.No. 3470 of 2024 in C.A.No.122 of 2024, dated 23.10.2024, to suspend the sentence in S.T.C.No.739 of 2019 on the file of the learned Judicial Magistrate Court No.I, Padmanabhapuram, this Criminal Revision case is filed.

3. The learned First Appellate Court had directed the petitioner to deposit 20% of the total compensation amount imposed by the learned Trial Court, that is, an amount of Rs.1,00,000/- (Rupees One Lakh only) on or before 19.12.2024 for suspending the sentence.

4. However, the petitioner, being a handicapped, unemployed woman, is having difficulty in making the said payment in a single lump sum. Hence, the learned counsel for the petitioner sought to modify the condition permitting the petitioner to remit the same in four 2/5

installments.

5. Considering that the petitioner is a widowed, handicapped woman, this Court hereby modifies the condition, directing the petitioner to take the said amount of Rs.1,00,000/- (Rupees One Lakh only) in four installments in every month. The first installment of Rs. 25,000/- (Rupees Twenty Five Thousand only) on 20.08.2025, the 2nd installment on 22.09.2025, the 3rd installment on 22.10.2025 and the 4th installment on 20.11.2025. Accordingly, the impugned condition is modified.

6. In view of the above, this Criminal Revision case is allowed. Consequently, connected miscellaneous petition is allowed. No costs. 07.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml 3/5

To 1.The Principal Sessions Court, Kanniyakumari District at Nagercoil.

2.The Judicial Magistrate Court No.I, Padmanabhapuram.

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L.VICTORIA GOWRI, J., Sml 07.08.2025 5/5